[Congressional Record Volume 145, Number 130 (Thursday, September 30, 1999)]
[Senate]
[Pages S11729-S11730]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Hutchinson, Mr. Voinovich, Mr. 
        Nickles, Mr. Helms, and Mr. Enzi):
  S. 1673. A bill to amend titles 10 and 18, United States Code, to 
protect unborn victims of violence; to the Committee on the Judiciary.


                 unborn victims of violence act of 1999

 Mr. DeWINE. Mr. President, today I rise to speak on behalf of 
unborn children who are the victims of violence. I am here to be their 
voice; I am here to fight for their rights.
  We live in a violent world, Mr. President. Sadly, sometimes--perhaps 
more often than we realize--even unborn babies are the targets, 
intended or otherwise, of violent acts. I'll give you some disturbing 
examples.
  In 1996, Airman, Gregory Robbins, and his family were stationed in my 
home state of Ohio at Wright-Patterson Air Force Base in Dayton. At 
that time, Mrs. Robbins was more than eight months pregnant with a 
daughter they named Jasmine. On September 12, 1996, in a fit of rage, 
Airman Robbins wrapped his fist in a T-shirt (to reduce the chance that 
he would inflict visible injuries) and savagely beat his wife by 
striking her repeatedly about the head and abdomen. Fortunately, Mrs. 
Robbins survived the violent assault. Tragically, however, her uterus 
ruptured during the attack, expelling the baby into her abdominal 
cavity, causing Jasmine's death.
  Air Force prosecutors sought to prosecute the Airman for Jasmine's 
death, but neither the Uniform Code of Military Justice nor the Federal 
code makes criminal such an act which results in the death or injury of 
an unborn child. The only available federal offense was for the assault 
on the mother. This was a case in which the only available federal 
penalty did not fit the crime. So prosecutors bootstrapped the Ohio 
fetal homicide law to convict Mr. Robbins of Jasmine's death. This case 
currently is pending appeal, and we do hope that justice will prevail.
  Mr. President, if it weren't for the Ohio law that is already in 
place, there would have been no opportunity to prosecute and punish 
Airman Robbins for the assault against Baby Jasmine. We need a federal 
remedy to avoid having to bootstrap state laws and to provide recourse 
when a violent act occurs during the commission of a federal crime--
especially in cases when the state in which the crime occurs does not 
have a fetal protection law in place. A federal remedy will ensure that 
crimes against unborn victims are punished.
  There are other sickening examples of violence against innocent 
unborn children, Mr. President. An incident occurred in Arkansas just a 
few short weeks ago. Nearly nine months pregnant, Shawana Pace of 
Little Rock was days away from giving birth. She was thrilled about her 
pregnancy. Her boyfriend, Eric Bullock, however, did not share her joy 
and enthusiasm. In fact, Eric Bullock wanted the baby to die. So, he 
hired three thugs to beat Shawana so badly that she would lose the 
unborn baby.
  During the vicious assault against mother and child, one of the hired 
hitmen allegedly said: ``Your baby is going to die tonight.'' Shawana's 
baby did die that night. She named the baby Heaven. Mr. President, I am 
saddened and sickened by the sheer inhumanity and brutality of this act 
of violence.

  Fortunately, the State of Arkansas, like Ohio, passed a fetal 
protection law, which allows Arkansas prosecutors to charge defendants 
with murder for the death of a fetus. Under previous law, such 
attackers could be charged only with crimes against the pregnant woman. 
As in the case of Baby Jasmine's death in Ohio, but for the Arkansas 
state law, there would be no remedy--no punishment--for Baby Heaven's 
brutal murder. The only charge would be assault against the mother.
  In the Oklahoma City and World Trade Center bombings--here too--
federal prosecutors were able to charge the defendants with the murders 
of or injuries to the mothers--but not to their unborn babies. Again, 
federal law currently only criminalizes crimes against born humans. 
There are no federal provisions for the unborn.
  This is wrong.
  It is wrong that our federal government does absolutely nothing to 
criminalize violent acts against unborn children. We must correct this 
loophole in our law, for it allows criminals to get away with violent 
acts--and sometimes even murder.
  We, as a civilized society, should not--with good conscience--stand 
for that.

[[Page S11730]]

  So, today, I am introducing legislation, along with my distinguished 
colleagues, Senator Tim Hutchinson and Senator Abraham, to provide 
justice for America's unborn victims of violence. Our bill, the Unborn 
Victims of Violence Act, would hold criminals liable for conduct that 
harms or kills an unborn child. It would make it a separate crime under 
the Federal code and the Uniform Code of Military Justice to kill or 
injure an unborn child during the commission of certain existing 
federal crimes.
  The Unborn Victims of Violence Act would create a separate offense 
for unborn children--it would acknowledge them as individual victims. 
Our bill would no longer allow violent acts against unborn babies to be 
considered victimless crimes. At least twenty-four (24) states already 
have criminalized harm to unborn victims, and another seven (7) states 
criminalize the termination of pregnancy.
  Mr. President, in November of 1996, a baby, just three months from 
full-term, was killed in Ohio as a result of road rage. An angry driver 
forced a pregnant mother's car to crash into a flatbed truck. Because 
the Ohio Revised Code imposes criminal liability for any violent 
conduct which terminates a pregnancy of a child in utero, prosecutors 
successfully tried and convicted the driver for recklessly causing the 
baby's death. Our bill would make an act of violence like this a 
federal crime. It would be a simple step, but one with a dramatic 
effect.
  Mr. President, we purposely have drafted this legislation very 
narrowly. For example, it would not permit the prosecution for any 
abortion to which a woman consented. It would not permit the 
prosecution of a woman for any action (legal or illegal) in regard to 
her unborn child. This legislation would not permit the prosecution for 
harm caused to the mother or unborn child in the course of medical 
treatment. And, the bill would not allow for the imposition of the 
death penalty under this Act.
  Mr. President, it is time that we wrap the arms of justice around 
unborn children and protect them against criminal assailants. Those who 
violently attack unborn babies are criminals. The federal penalty 
should fit the crime. I strongly urge my colleagues to join me in 
support of this legislation. We have an obligation to our unborn 
children.
                                 ______